Disposed

C/M Peoples Inter College v. State of U.P. and 6 Others

Allahabad HC17 Aug 2021WRIC/4709/2021

Case brief

AI extract

What is this about?

The Court disposed of the writ petition, directing the first appellate court to decide the appeal expeditiously. The petitioner is permitted to apply for harvesting the crop in the future, while the existing possession status quo is maintained.

What did the court decide?

Writ petition disposed; direction to first appellate court to decide appeal expeditiously; petitioner allowed to apply for harvesting crop.

C/M Peoples Inter College Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2021)

¶1

Court No. - 2

¶2

Case :- WRIT - C No. - 4709 of 2021

¶3

Petitioner :- C/M Peoples Inter College Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Tripathi B.G. Bhai,Pramod Kumar Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta,Rajesh Kumar Chitragupt,Rakesh Kumar Chitragupta

¶4

Hon'ble Suneet Kumar,J.

¶5

Heard learned counsel for the parties and perused the report dated 22 February 2021 filed by Advocate Commissioner appointed by the Court.

¶6

As per the report, petitioner/defendant is having possession over 2.188 hectare of plot no. 348/2.6900 hectare on which his crop is standing, and 0.502 hectare is lying vacant. Insofar as, plot no. 415/4.5830 hectare is lying vacant and on the spot there is graveyard of erstwhile colonial residents. The report has been duly signed by all the parties to the suit and prepared in their presence.

¶7

In view thereof, it is provided that petitioner shall continue in possession in respect of plot no. 348 over an area 2.188 hectare. The remaining portion of the plot and plot no. 415/4.5830 hectare is not in possession of the petitioner. The respondent/plaintiffs are having possession on the remaining part of plot no. 348 and plot no. 415 on the date the appellate court passed status quo order.

¶8

On specific query, learned counsel for the petitioner submits that possession over the remaining plot was taken after passing of the status quo order and crop is standing thereon, which may be protected.

¶9

In view thereof, the writ petition is disposed of with a direction to the first appellate court to decide the appeal expeditiously. It will be open for the petitioner to make an appropriate application for harvesting the crop. In the event such an application is made, the same shall be considered on merit after hearing all the parties. The parties shall maintain status quo with regard to possession of the suit property as directed by the appellate court in respect of the respective area, as directed herein above.

¶10

Order Date :- 17.8.2021 S.Prakash

C/M Peoples Inter College v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

C/M Peoples Inter College v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

C/M Arya Kanya Pathshala Inter College and 2 Others Vs State of U.P. and 4 Others

Runjhum Tripathi Vs Madhyamik Shiksha Parisad and 3 Others

Paramhans Vs State of U.P. and 12 Others

Sukhari Ram Vs State of U P and 4 Others

Chandani Chauhan and Another Vs State of U.P. and 3 Others

Ashish Kumar Vs State of U.P. and 3 Others